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Federal Circuit IP Blog

Redesigns Done Right at the ITC: Federal Circuit Affirms ITC Determination of Noninfringement of Redesigned Products

June 26, 2026

Authored and Edited by Christopher B. Anderson; Sonja W. Sahlsten; *Jack E. McLaughlan

In Bissell, Inc. v. International Trade Commission, the Federal Circuit affirmed the ITC’s Final Determination of infringement of Tineco’s original accused products and noninfringement by its redesigned devices.

Bissell filed a complaint at the ITC asserting Tineco infringed Bissel’s patents related to a surface cleaning apparatus. The Commission found that Tineco’s original products infringed and barred their importation. The Commission found that Tineco’s redesigned products, however, did not infringe the claims because the battery circuit in the redesigned product did not remain disabled throughout the cleaning cycle. Bissell appealed, arguing that the Commission relied on an implicit error in claim construction and failed to apply the insubstantial differences test. Tineco cross-appealed, asserting the Commission erred in finding Bissel’s domestic industry products satisfied the battery circuit limitations by relying on expert testimony that rested on evidence not submitted at trial.

On appeal, the Federal Circuit affirmed the Commissions’ determination of noninfringement of the redesigned products, finding that the Commission properly relied on the plain and ordinary meaning of the battery circuit limitations. The Federal Circuit also rejected Tineco’s cross-appeal arguments, clarifying that under Federal Rule of Evidence 703, an expert may rely on evidence that experts in the field would reasonably rely on, even if not in evidence. The Court also rejected Tineco’s arguments that the Commission lacked substantial evidence to find infringement by Tineco’s original accused products.

Tags

International Trade Commission (ITC), claim construction

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Global IP Enforcement, Litigation, and Trials

ITC Section 337 Investigations and Trials

Related Industries

AI, Electronics, and Information Technology

Electronic Devices and Components

Consumer Goods and Services

Consumer Products

Related Offices

Reston, VA

Washington, DC

Contacts

Christopher B. Anderson
Associate
Reston, VA
+1 571 203 2765
Email
Sonja W. Sahlsten
Partner
Washington, DC
+1 202 408 4329
Email

*Jack E. McLaughlan is a Summer Associate at Finnegan.

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